Bombay High CourtCAF/1464/2015admittedallwdgrantedrule absolute

Shri Nareshchandra S/O Chunnilal Puglia v. Basantkumar S/O Girdharlalji Mohta (Chief Managing Director, R.S.R. Mohta Spinning And Weaving Mill

2015-08-25Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

2508caf1464.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAF NO. 1464/2015 IN FIRST APPEAL ST. NO. 4519 OF 2015 (Shri Nareshchandra s/o Chunnilal Puglia vs. Basantkumar s/o Girdharlalji Mohta & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

AUGUST 25, 2015.

Shri Kilor, learned counsel for the applicant/ appellant, Shri Pardhy, learned counsel for respondent No. 1 and Shri E.S. Sahastrabuddhe with Shri H.V. Thakur, learned counsel for respondent No. 4. The prayer of the appellant / original plaintiff is to condone delay of 55 days in preferring First Appeal under Section 96 of the Code of Civil Procedure.

Shri E.S. Sahastrabuddhe with Shri H.V.

Thakur, is seeking time to file reply to the prayer for condonation of delay.

The learned counsel for the applicant and respondent No. 1 state that the very same judgment and decree has been questioned by Respondent No. 4 in First Appeal No. 575 of 2015. That appeal was also filed belatedly and on 18.06.2015 this Court while passing orders on CAF No. 369 of 2015 condoned that delay and FA St. No. 2058 of 2015 was directed to be registered. Thereafter by the very same order, FA Stamp No. 2058 of 2015 came to be admitted for final hearing and it has been later on registered as First Appeal No. 575 of 2015. These developments are not disputed by Respondent No. 4.

2508caf1464.15 The present application and appeal was already filed on 04.03.2015 and, therefore, it could have been considered on 18.06.2015. In any case, after admission of First Appeal No. 575 of 2015, the present applicant could have again filed appeal.

In this view of the matter, as the present application is already filed about three months before the said order, we condone the delay. Office to register First Appeal Stamp No. 4519 of 2015.

First Appeal Stamp No. 4519 of 2015 Admit.

To be heard along with First Appeal No. 575 of 2015.

Shri Pardhy, learned counsel waives notice for respondent No. 1 and Shri Sahastrabuddhe, learned counsel waives notice for respondent No. 4.

JUDGE JUDGE *GS.